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ARTICLE · 25 SEPTEMBER 2024

CNO Plant Hire Ltd v Caldwell Construction Ltd

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The case here followed the hearing of CNO's application for summary enforcement dated 21 March 2024 of an adjudication decision dated 5 March 2024.

United KingdomReal Estate and Construction
Jeremy Glover
Jeremy Glover
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[2024] EWHC 2188 (TCC)

The case here followed the hearing of CNO’s application for summary enforcement dated 21 March 2024 of an adjudication decision dated 5 March 2024. Caldwell invited the court to exercise its discretion to set off or withhold enforcement of the decision on the basis of a second adjudication decision dated 14 April 2024. Caldwell did not make any jurisdictional challenge or allege that there had been any breach of natural justice.

In the first adjudication, Caldwell had not issued a payment notice or pay less notice in response to an interim payment application made in December 2023. The first adjudicator decided that the amount stated in the application of around £253k was due, plus interest and costs. Caldwell did not pay that sum and referred a further dispute to a second adjudication seeking the “proper valuation of the final account” dating from September 2023, and repayments of any sums found to have been overpaid by CNO. Caldwell

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This article is taken from Fenwick Elliott's 2021/2022 Annual Review. To read further articles go to Fenwick Elliott Annual Review 2021/2022

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